Schwimmer v. Hammock

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, the determination of the Board of Parole reinstated, and the petition dismissed.

Petitioner was convicted of grand larceny in the second degree and was sentenced on January 16, 1980, to an indeterminate period of zero to three years in prison. The sentencing court did not set a minimum period of incarceration (MPI). Under the law in existence at the time of sentencing, if the sentencing court in its discretion did not set an MPI, the State Board of Parole was empowered to do so. The Board of…